The main legal point established in the judgment is the necessity for police officers to have a reason to believe and be satisfied about the necessity of arrest, as well as the requirement to record reasons for arrest, as mandated by Section 41 of the CrPC and the directions issued by the Supreme Court in the matter of Arnesh Kumar v. State of Bihar and another.

ORDER :

1. Invoking jurisdiction of this Court under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act, 1971 (hereinafter for brevity 'the Act of 1971') and also read with para 11.7 of the judgment rendered by the Hon’ble Supreme Court in the matter of Arnesh Kumar v. State of Bihar and another, (2014) 8 SCC 273, this contempt petition has been filed by the petitioner herein for punishing the contemnors herein herein for wilfully disobeying the direction issued in the matter of Arnesh Kumar (supra) and arresting the petitioner in violation of direction so issued therein.

2. The instant contempt petition has been filed on following factual backdrop:-

2.1 On the complaint made by one Amit Jaiswal, complainant therein, FIR No. 172/2023 at Police Station Pandri, District Raipur, C.G. for offence punishable under Section 384 of the IPC [the said offence is punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both] was registered on 02.06.2023 at 9:30 pm and petitioner was arrested immediately thereafter and produced before the Judicial Magistrate First Class, Raipur on 03.06.2023 and judicial remand was sought and granted till 16.06.2023. According to the contempt petitioner in the remand form under Section 167(2) of the CrPC mentioned that reason for arrest, as sufficient evidence is available against the petitioner for his arrest for offence under Section 384 of the IPC. The learned Magistrate by its order dated 03.06.2023 recording his satisfaction qua the arrest of the petitioner herein and granted remand till 16.06.2023. Thereafter, on 20.07.2023 the petitioner applied for copy of checklist which was prepared under Section 41(1)(b)(ii) of the CrPC, as recorded in order sheet dated 03.06.2023, however, it was informed to him (petitioner herein) vide Ex.C/4 that no check list is available along with the remand form. It is the case of the petitioner that the mandate issued by the Supreme Court in the matter of Arnesh Kumar (supra) in terms of arrest has not been complied with and he has been illegally arrested by the respondents herein and the learned Magistrate has also a most mechanical manner authorised and granted judicial remand of the petitioner herein noting therein that checklist has been attached in the remand case which is highly arbitrary and contrary to law and violates the petitioner’s fundamental right envisaged under Article 21 of the Constitution of India. Since there is no reason recorded / checklist furnished for his (petitioner) arrest as per Section 41(1)(b)(ii) of the CrPC, an offence punishable only for 3 years. In that view of the matter in the light of directions issued by their Lordships of the Supreme Court in the matter of Arnesh Kumar (supra) in paragraph No.11.7, the respondents are liable to be punished for contempt of Court and also liable to be punished departmentally.

3. Joint return has been filed on behalf of the respondents herein stating inter-alia that on the complaint made by Mr. Amit Jaiswal, an offence bearing Crime No. 172/2023 for commission of offence under Section 384 of the IPC was registered by the Police of Police Station Pandri against the petitioner herein on 02.06.2023. Having found that petitioner has extorted money illegally, then under the authority of CSP Civil Line, Raipur, a team was constituted to conduct raid into the office of the petitioner and the Police has made the raid at the office of the petitioner where the petitioner was caught red handed while taking money from complainant Amit Jaiswal. Since the petitioner has been caught red handed while taking money from the complainant, the police has rightly arrested the petitioner for the said commission of offence.

4. It has also been submitted that adhering to the direction of the Supreme Court in the matter of Arnesh Kumar (supra), checklist containing the reasons for arrest of the petitioner in connection with the Crim